4905.02 [Effective Until 9/13/2010] Public utility defined.
As used in this chapter, “public utility” includes every corporation, company, copartnership, person, or association, their lessees, trustees, or receivers, defined in section 4905.03 of the Revised Code, including all public utilities that operate their utilities not for profit, except the following:
(A) Electric light companies that operate their utilities not for profit;
(B) Public utilities, other than telephone companies, that are owned and operated exclusively by and solely for the utilities’ customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer’s or consumers’ own intended use as the end user or end users and not for profit;
(C) Public utilities that are owned or operated by any municipal corporation;
(D) Railroads as defined in sections 4907.02 and 4907.03 of the Revised Code.
Effective Date: 09-17-1996
This section is set out twice. See also § 4905.02, as amended by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
4905.02 [Effective 9/13/2010] Public utility defined
As used in this chapter, “public utility” includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905.03 of the Revised Code, including any public utility that operates its utility not for profit, except the following:
(A) An electric light company that operates its utility not for profit;
(B) A public utility, other than a telephone company, that is owned and operated exclusively by and solely for the utility’s customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer’s or consumers’ own intended use as the end user or end users and not for profit;
(C) A public utility that is owned or operated by any municipal corporation;
(D) A railroad as defined in sections 4907.02 and 4907.03 of the Revised Code;
(E) Any provider, including a telephone company, with respect to its provision of any of the following:
(1) Advanced services as defined in 47 C.F.R. 51.5;
(2) Broadband service, however defined or classified by the federal communications commission;
(3) Information service as defined in the “Telecommunications Act of 1996,” 110 Stat. 59, 47 U.S.C. 153(20);
(4) Subject to division (A) of section 4927.03 of the Revised Code, internet protocol-enabled services as defined in section 4927.01 of the Revised Code;
(5) Subject to division (A) of section 4927.03 of the Revised Code, any telecommunications service as defined in section 4927.01 of the Revised Code to which both of the following apply:
(a) The service was not commercially available on the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
(b) The service employs technology that became available for commercial use only after the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
Amended by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
Effective Date: 09-17-1996
This section is set out twice. See also § 4905.02, effective until 9/13/2010.
4905.02 [Effective Until 9/13/2010] Public utility defined.
As used in this chapter, “public utility” includes every corporation, company, copartnership, person, or association, their lessees, trustees, or receivers, defined in section 4905.03 of the Revised Code, including all public utilities that operate their utilities not for profit, except the following:
(A) Electric light companies that operate their utilities not for profit;
(B) Public utilities, other than telephone companies, that are owned and operated exclusively by and solely for the utilities’ customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer’s or consumers’ own intended use as the end user or end users and not for profit;
(C) Public utilities that are owned or operated by any municipal corporation;
(D) Railroads as defined in sections 4907.02 and 4907.03 of the Revised Code.
Effective Date: 09-17-1996
This section is set out twice. See also § 4905.02, as amended by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
4905.02 [Effective 9/13/2010] Public utility defined
As used in this chapter, “public utility” includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905.03 of the Revised Code, including any public utility that operates its utility not for profit, except the following:
(A) An electric light company that operates its utility not for profit;
(B) A public utility, other than a telephone company, that is owned and operated exclusively by and solely for the utility’s customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer’s or consumers’ own intended use as the end user or end users and not for profit;
(C) A public utility that is owned or operated by any municipal corporation;
(D) A railroad as defined in sections 4907.02 and 4907.03 of the Revised Code;
(E) Any provider, including a telephone company, with respect to its provision of any of the following:
(1) Advanced services as defined in 47 C.F.R. 51.5;
(2) Broadband service, however defined or classified by the federal communications commission;
(3) Information service as defined in the “Telecommunications Act of 1996,” 110 Stat. 59, 47 U.S.C. 153(20);
(4) Subject to division (A) of section 4927.03 of the Revised Code, internet protocol-enabled services as defined in section 4927.01 of the Revised Code;
(5) Subject to division (A) of section 4927.03 of the Revised Code, any telecommunications service as defined in section 4927.01 of the Revised Code to which both of the following apply:
(a) The service was not commercially available on the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
(b) The service employs technology that became available for commercial use only after the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
Amended by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
Effective Date: 09-17-1996
This section is set out twice. See also § 4905.02, effective until 9/13/2010.
4905.02 [Effective Until 9/13/2010] Public utility defined.
As used in this chapter, “public utility” includes every corporation, company, copartnership, person, or association, their lessees, trustees, or receivers, defined in section 4905.03 of the Revised Code, including all public utilities that operate their utilities not for profit, except the following:
(A) Electric light companies that operate their utilities not for profit;
(B) Public utilities, other than telephone companies, that are owned and operated exclusively by and solely for the utilities’ customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer’s or consumers’ own intended use as the end user or end users and not for profit;
(C) Public utilities that are owned or operated by any municipal corporation;
(D) Railroads as defined in sections 4907.02 and 4907.03 of the Revised Code.
Effective Date: 09-17-1996
This section is set out twice. See also § 4905.02, as amended by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
4905.02 [Effective 9/13/2010] Public utility defined
As used in this chapter, “public utility” includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905.03 of the Revised Code, including any public utility that operates its utility not for profit, except the following:
(A) An electric light company that operates its utility not for profit;
(B) A public utility, other than a telephone company, that is owned and operated exclusively by and solely for the utility’s customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer’s or consumers’ own intended use as the end user or end users and not for profit;
(C) A public utility that is owned or operated by any municipal corporation;
(D) A railroad as defined in sections 4907.02 and 4907.03 of the Revised Code;
(E) Any provider, including a telephone company, with respect to its provision of any of the following:
(1) Advanced services as defined in 47 C.F.R. 51.5;
(2) Broadband service, however defined or classified by the federal communications commission;
(3) Information service as defined in the “Telecommunications Act of 1996,” 110 Stat. 59, 47 U.S.C. 153(20);
(4) Subject to division (A) of section 4927.03 of the Revised Code, internet protocol-enabled services as defined in section 4927.01 of the Revised Code;
(5) Subject to division (A) of section 4927.03 of the Revised Code, any telecommunications service as defined in section 4927.01 of the Revised Code to which both of the following apply:
(a) The service was not commercially available on the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
(b) The service employs technology that became available for commercial use only after the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.
Amended by 128th General Assembly File No. 43, SB 162, § 1, eff. 9/13/2010.
Effective Date: 09-17-1996
This section is set out twice. See also § 4905.02, effective until 9/13/2010.
